Definitions Flashcards
Dishonestly
Section 217, Crimes Act 1961
Dishonestly means without a belief, consent or authority from a person entitled to give such consent or authority
Claim of Right
Section 2(1), Crimes Act 1961
‘without genuine claim to property’
In relation to any act means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of the fact or any matter of law other than the enactment against which the offence is alleged to have been committed
Property
Section 2, Crimes Act 1961
Property includes real or personal property and any estate or interest in any real or personal property, money, electricity and any debt. Anything in action and any other right or interest
Recklessness
The conscious and deliberate taking of an unjustified risk
Explosive
Section 2(1) Arms Act 1983
Any substance or mixture which in it’s normal state is capable either of decomposition at such a rapid rate.
Does not include a firearm, any firework or Molotov cocktail
Voidable title
Title obtained by deception, fraud or duress.
This can be voided (vacated) by the seller
Credit
Obligation on the debtor to pay or repay
Difference between deception section 240(1)(b) and 228(1)(b)
Deception 240(1)(a)
- there was intent to deceive
- there was representation by the defendant
- the representation was false and defendant either knew it was false or reckless
Uses a document 228(1)(b)
- used or attempted to use document
- intent to obtain property, service, valuable consideration or pecuniary advantage
What must the prosecution prove in relation to guilty knowledge?
That the defendant knew that the representation was false ina material particular or was reckless as to its falsity. Absolute certainty is required
Supply
Includes give, sell, distribute
Distribute
Supply to multiple people
Give
Hand over substance to enable person to use
Sell
Exchange for some form of value
Administer
To direct or cause drug to enter system of another person
Offer
Arouse another person’s interest
Requires communication by accused and belief by recipient that their offer is genuine
Purpose
Aim or intention
Possession
Physical - have in their custody or control or mental - have knowledge of it and know it was a controlled drug
Recklessly
Conscious and deliberate undertaking of unjustified risk
Transferred Malice
Person injured need not to be the intended person
Facilitate
Make easier
Stupefies
Dull the senses/state of stupor
Strict liability
Must prove actus reus however case can be thrown out if defendant proves no men’s rea
Absolute liability
Only need actus rea regardless of Defendant’s men’s rea
Statutory defence
Infancy/ defence of self or property/sanity or compulsion
Common law defence
Impossibility / necessity / consent / intoxication/ mistake / same automatism
Negligence
Not taking all the reasonable steps
Airgun
Any weapon from which by the gas or compressed air releases any shot, bullet, missile or other projectile can be discharged
Intent
A deliberate act with intent to achieve a specific outcome
Discharge
To fire or shoot
Firearm
Anything from which a shot, bullet, missle or other projectile can be discharged by force of explosive
sexual violation
Person rapes or has unlawful sexual connection with another
Rape
Penetration of person’s genitalia by ones penis (includes any surgically constructed penis)
- without consent
- without believing on reasonable grounds there was consent
Penetration
Affected by the slightest degree as proven by victims statement, admissions or medical exam
Genitalia
Reproductive organs including internal/external. This includes vulva, labia and internal/external opening of vagina
Indecent act
- Does an indecent act on another
- permits person to do indecent act on them
Indecent
An act accompanied by circumstances of indency
Assault
The act of applying or attempting to apply force to the person of another
Recklessness
A deliberate act knowing the risk
Knowing
Aware of the truth
Service
Limited to financial or economic value. Excludes privilege or benefit
Deception
A false representation. Either oral, documentary or conduct made with intent to deceive
Sexual connection
Introduction into genitalia or anus by another person using part of their body or object manipulated. Excludes medical exam
